HomeMy WebLinkAboutNORTHERN INTEGRATED SUPPLY PROJECT - SPA210001 - SUBMITTAL DOCUMENTS - ROUND 1 - CORRESPONDENCE-CONCEPTUAL REVIEW
Technical Memorandum #1
Comment Response Letter
Site Plan Advisory Review Process
Prepared for:
City of Fort Collins
Prepared by:
Northern Integrated Supply Project
Water Activity Enterprise
May 2021
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The purpose of this technical memorandum is to document responses to the City of Fort Collins
staff comments received as part of the Conceptual Review Meeting. Northern Water staff and the
City of Fort Collins staff met on March 4, 2021 for a Conceptual Review Meeting. City of Fort
Collins staff transmitted comments on March 5, 2021. A response to each comment is included
below in red text. Some responses reference separate documents that are part of this application.
Comment Summary
Development Review Coordinator
Contact: Brandy Bethurem Harras, 970-416-2744, bbethuremharras@fcgov.com
1. I will be your primary point of contact throughout the development review
and permitting process. If you have any questions, need additional meetings with the project
reviewers, or need assistance throughout the process, please let me know and I can assist you
and your team. Please include me in all email correspondence with other reviewers and keep me
informed of any phone conversations. Thank you!
Response: Noted.
2. The proposed development project is subject to a Type 2 (Planning and
Zoning Board) review and public hearing. The applicant for this development request is
required to hold a neighborhood information meeting prior to formal submittal of the proposal.
Neighborhood meetings offer an informal way to get feedback from your surrounding
neighbors and discover any potential hiccups prior to the formal hearing. Please contact me, at
221-6750, to assist you in setting a date, time, and location. I, and possibly other City staff,
would be present to facilitate the meeting.
Response: Noted. Neighborhood meeting date of April 21, 2021.
3. I will provide you a roadmap specific to your development review project,
helping to identify each step of the process. For more detailed process information, see the
Development Review Guide at www.fcgov.com/drg. This online guide features a color coded
flowchart with comprehensive, easy to read information on each step in the process. This guide
includes links to just about every resource you need during development review.
Response: Noted.
4. I will provide a Project Submittal Checklist to assist in your submittal
preparation. Please use the checklist in conjunction with the Submittal Requirements located at:
http://www.fcgov.com/developmentreview/applications.php. The checklist provided is specific to
this Conceptual project; if there are any significant changes to this project, please let me know
so we can adjust the checklist accordingly. I can send an updated copy of the Submittal
Checklist to ensure you are submitting the correct materials.
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Response: Noted. No updates to the submittal checklist were necessary.
5. As part of your submittal you will respond to the comments provided in this
letter. This letter is provided to you in Microsoft Word format. Please use this document to insert
responses to each comment for your submittal, using a different font color. When replying to
the comment letter please be detailed in your responses, as all comments should be thoroughly
addressed. Provide reference to specific project plans or explanations of why comments have
not been addressed, when applicable.
Response: Noted. The purpose of this technical memorandum is to respond to all comments
with thorough explanations.
7. Submittals are accepted any day of the week, with Wednesday at noon being
the cut-off for routing the same week. Upon initial submittal, your project will be subject to a
completeness review. Staff has until noon that Friday to determine if the project contains all
required checklist items and is sufficient for a round of review. If complete, a formal Letter of
Acceptance will be emailed to you and the project would be officially routed with a three-week
round of review, followed by a formal meeting.
Response: Noted.
8. When you are ready to submit your formal plans, please make an appointment
with me at least 24 hours in advance. Applications and plans are submitted electronically.
Pre-submittal meetings can be beneficial to ensure you have everything for a complete
submittal. Please reach out and I will assist in those arrangements.
Response: Noted.
Planning Services
Contact: Cameron Gloss, 970-224-6174, cgloss@fcgov.com
1. REVIEW CRITERIA
The applicant must demonstrate that the location, character, and extent of the
proposal is consistent with the City’s Comprehensive Plan, known as City Plan, along with the
East Mulberry Corridor Plan, which constitutes an element of City Plan. Submitted development
plans must be accompanied by a written statement describing how the proposed project
satisfies the review criteria.
Response: Technical Memorandum #2 includes the Project Information and Design Narrative
as well as information related to the three review criteria noted under Section 2.16.2 Site Plan
Advisory Review Procedures of the City of Fort Collins Land Use Code. Information regarding the
East Mulberry Corridor Plan is included in Appendix A to the application. The pipeline
alignment in unincorporated Larimer County has already been subject to the Larimer County
1041 Permit process and was approved in September 2020 by the Larimer County
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Commissioners.
2. LOCATION ANALYSIS
The approval criteria dictate that the location for the applicant’s proposed
improvements is consistent with the adopted land use designation. The portion of the proposed
pipeline location, between Lemay Avenue and Timberline Road, is designated on the City Plan,
Structure Plan map as “Parks; Natural/Protected Lands”, and the East Mulberry Corridor Plan
(EMCP) designates the area as “Natural Buffer.” The EMCP cites the need for the “preservation,
restoration and enhancement of these designated areas,” in that “they provide a valuable
wildlife habitat and contribute to the area’s scenic quality.” The following policy relates
specifically to the preservation of this portion of the River corridor:
Policy EMC. ONL – 1.1 The interface between the Poudre River riparian habitat and development
along East Mulberry Street, should be coordinated to retain environmental quality, encourage
wildlife habitat and, where impacts can be appropriately buffered, provide recreational use.
In your submittal, please describe what alternative pipeline locations and
alignments were considered in the process of developing the proposed pipeline configuration,
and how the proposed location best protects the natural habitat and environmental quality
relative to the other alternatives.
Response: Technical Memorandum #2 includes the Project Information and Design Narrative
as well as information related to the three review criteria noted under Section 2.16.2 Site Plan
Advisory Review Procedures of the City of Fort Collins Land Use Code. Information regarding the
Pipeline Routing Alternatives Analysis is included in Appendix B to the application. This analysis
includes all of the alternative pipeline locations and alignments that were considered and how
the proposed alignment performed best with a multitude of different criteria. This analysis also
includes an impacts minimization plan to decrease impacts on public, private, and
environmental resources.
3. CHARACTER
Please provide an analysis of the proposed Poudre River Intake Diversion
structure detailing how the design minimizes impacts to the naturalistic character, and how
impacts to the channel and riparian zone abutting the River have been reduced or avoided
through the proposed design.
Describe the resulting character of land disturbed by the 100-foot-wide intake
pipeline construction corridor and provide landscape design plans describing the extent of
construction, methods of reclamation and landscape plantings.
Response: Technical Memorandum #2 includes the Project Information and Design Narrative
as well as information related to the three review criteria noted under Section 2.16.2 Site Plan
Advisory Review Procedures of the City of Fort Collins Land Use Code. Appendix C includes an
Alternatives Analysis for the Poudre River Intake Diversion structure documenting the design
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process. Land disturbed by the pipeline construction corridor will be regraded to
preconstruction contours and revegetated to preconstruction conditions. The Landscape Plans
and Revegetation Memorandum (Technical Memorandum #3) document these revegetation
methods and plans.
4. EXTENT
The proposal documentation must identify the level of functional and visual
impacts to public rights-of-way, facilities and abutting private land caused by the development,
including, but not limited to, streets, sidewalks, trails, utilities, e.g. - stormwater, water and
sanitary sewer, and designated Natural Areas. The submitted analysis and documentation must
identify both the anticipated temporary and permanent impacts.
Response: Technical Memorandum #2 includes the Project Information and Design Narrative
as well as information related to the three review criteria noted under Section 2.16.2 Site Plan
Advisory Review Procedures of the City of Fort Collins Land Use Code. The submitted plans and
appendices identify the anticipated temporary and permanent impacts of the project.
5. This development proposal will be subject to all applicable standards of the
Fort Collins Land Use Code (LUC), including Article 3 General Development Standards. The
entire LUC is available for your review on the web at
http://www.colocode.com/ftcollins/landuse/begin.htm.
Response: Noted.
Department: Engineering Development Review
Contact: Dave Betley, 970-221-6573, dbetley@fcgov.com
1. The project will need coordination with multiple agencies both on the Local,
County, State, a Federal level. The applicant will need to address and present approval for all of
these agencies for the viability of the project.
Response: Appendix D documents the NISP permits received and in process to date.
2. The project will need Engineering permits in areas where it is crossing the right
of way. The level of this permitting can be more accurately reflected when better design plans
are available.
Response: Noted. This will be coordinated during final design and into construction.
3. When designing the project, the applicant will need to consider the bridge
footing impact when designing the facilities. Coordination will need to take place with the City
Bridge Engineer to make sure the locations do not impact the bridge structures. The City Bridge
Engineer is Jin Wang at 970-631-3473.
Response: Noted. All City ROWs will be bored and avoid bridge structures. See Appendix E
documenting the trenchless crossing methodology.
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4. The project will need to coordinate with the Parks Department and the impact
to the existing Multi-use path. There will need to be traffic control incorporated to advise
users/commuters of the construction scheduling. Coordination with Engineering Inspection for
more information on traffic control and permits for crossing City right of way. The Chief
Inspector for the City can be contacted at 970-416-2779.
Response: Noted. This will be coordinated during final design and into construction.
5. The applicant will need to address any groundwater issues that may be
encountered and how the groundwater will be mitigated at crossings with the City right of way.
Response: Noted. This will be coordinated during final design and into construction. In
conversations with Fort Collins staff, it was determined that a Soils Report & Subsurface
Hydrologic Study would not be required due to the pipeline roadway crossings being trenchless.
Dewatering operations are discussed in Appendix E.
6. The applicant will need to include the details from the Larimer County Urban
Area Street Standards for construction within the right of way. Trenching standards usually do
not address the pavement section of the roadway.
Response: Noted. In conversations with Fort Collins staff, it was determined that a Soils Report &
Subsurface Hydrologic Study would not be required due to the pipeline roadway crossings
being trenchless. Trenchless crossings are discussed in Appendix E.
7. All public sidewalk, driveways and ramps, existing or proposed, adjacent or
within the site, need to meet ADA standards. If they currently do not, they will need to be
reconstructed so that they do meet current ADA standards as a part of this project. Engineering
staff conducted a site visit to determine the extent of pedestrian facilities that would need to be
brought up to current ADA standards.
Response: Noted. No public facilities anticipated.
8. Any damaged curb, gutter and sidewalk existing prior to construction, as well
as streets, sidewalks, curbs and gutters, destroyed, damaged or removed due to construction of
this project, shall be replaced or restored to City of Fort Collins standards at the Developer's
expense prior to the acceptance of completed improvements and/or prior to the issuance of the
first Certificate of Occupancy.
Response: Noted.
9. Any public improvements must be designed and built in accordance with the
Larimer County Urban Area Street Standards (LCUASS). They are available online at:
http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm
Response: Noted. No public facilities anticipated.
10. All fences, barriers, posts or other encroachments within the public
right-of-way are only permitted upon approval of an encroachment permit. Applications for
encroachment permits shall be made to the Engineering Department for review and approval
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prior to installation. Encroachment items shall not be shown on the site plan as they may not be
approved, need to be modified or moved, or if the permit is revoked then the site/ landscape
plan is in non-compliance.
Response: Noted.
11. The development/site cannot use the right-of-way for any Low Impact
Development to treat the site’s storm runoff. We can look at the use of some LID methods to
treat street flows – the design standards for these are still in development.
Response: Noted. No storm runoff anticipated.
12. With regards to construction of this site, the public right-of-way shall not be
used for staging or storage of materials or equipment associated with the Development, nor
shall it be used for parking by any contractors, subcontractors, or other personnel working for or
hired by the Developer to construct the Development. The Developer will need to find a
location(s) on private property to accommodate any necessary staging and/or parking needs
associated with the completion of the Development. Information on the location(s) of these
areas will be required to be provided to the City as a part of the Development Construction
Permit application.
Response: Noted.
13. All necessary permitting will be required of any proposed work/improvements
within the public right-of-way, prior to construction. Depending on the scope of public
improvements, a Development Construction Permit (DCP) or an excavation permit will be
required. This will be determined once the City has had a chance to review the proposed plans
and site design.
Response: Noted. This will be coordinated during final design and into construction.
Department: Traffic Operations
Contact: Steve Gilchrist, 970-224-6175, sgilchrist@fcgov.com
1. Traffic Impact Study: The result of the installation of a utility or pipeline in and
of itself does not generate traffic, therefore a Traffic Impact Study is not required. However, the
construction required to install a utility or pipeline will have impacts on traffic and the
surrounding areas. Careful coordination will be needed to minimize the impacts of construction
on all modes of travel, businesses, and adjacent residential areas. Any construction within the
City right of way will also require a Work Area Traffic Control Plan and if any road closures are
needed, advance notification will be required. Please contact the City of Fort Collins Traffic
Operations to help coordinate this.
Response: Noted. A TIS is not included in this application. Any work in the ROW will be
coordinated during final design and into construction. All pipeline installation in the ROW is
planned to be trenchless.
Department: Stormwater Floodplain
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Contact: Claudia Quezada, (970)416-2494, cquezada@fcgov.com
1. Portions of this project are currently located in the FEMA-regulated, 100-year
and 500-year Poudre River floodway and floodplain; the 100-year Dry Creek floodway and
floodplain; the 100-year Cooper Slough floodway and floodplain, and the 100-year
Boxelder floodway and floodplain and therefore must comply with the safety regulations of
Chapter 10 of City Municipal Code.
Response: Noted. Floodplain permitting will be completed as part of the final design of the
project.
2. Any construction activities in the floodplain must be preceded by an approved
floodplain use permit, the appropriate permit application fees, and approved plans.
Response: Noted. Floodplain permitting will be completed as part of the final design of the
project.
3. Any construction activities in the regulatory floodway must be preceded by a
No-Rise Certification, which must be prepared by a professional engineer licensed in the State of
Colorado.
Response: Noted. Floodplain permitting will be completed as part of the final design of the
project.
4. Scour analysis should be performed for any channel crossings.
Response: Noted. Floodplain permitting will be completed as part of the final of the project.
5. A stability analysis and possible mitigation is required for any proposed
construction within an erosion buffer zone.
Response: Noted. Floodplain permitting will be completed as part of the final design of the
project.
6. Development review checklists for floodplain requirements can be obtained at
https://www.fcgov.com/utilities/img/site_specific/uploads/fp-checklist100-2018-update.pdf?152
2697905. Please utilize these documents when preparing your plans for submittal.
Response: Noted. Floodplain permitting will be completed as part of the final design of the
project.
7. Please show the boundaries of all floodplains and floodways on drawings as
applicable.
Response: Noted. This information has been added to applicable drawings.
8. FEMA is remapping the Poudre River, the project is called RiskMAP, and we are
expecting new regulatory mapping in the next 1-2 years. Any future development will be subject
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to the floodplain map and regulations effective at that time. Property owners near the river need
to be aware that the floodplain may be remapped and may change on their property.
Response: Noted.
Department: Stormwater Engineering
Contact: Matt Simpson, (970)416-2754, masimpson@fcgov.com
1. MASTER PLAN AND CRITERIA COMPLIANCE (site specific comment): - not sure
I need to mention this. The design of this site must conform to the City’s Master Drainage Plans
as well the Fort Collins Stormwater Criteria Manual (FCSCM). The stormwater criteria manual is
available on our website here:
https://www.fcgov.com/utilities/business/builders-and-developers/development-forms-guidelin
es-regulations/stormwater-criteria
Response: Noted.
2. DOCUMENTATION REQUIREMENTS (site specific comment):
If there are individual locations where the project will create an increase in
imperviousness greater than 1,000 square feet a drainage report, erosion control report and
construction plans are required and must be prepared by a Professional Engineer registered in
the State of Colorado. The drainage report must address the four-step process for selecting
structural BMPs.
Response: Noted. No impervious cover greater than 1,000 square feet is anticipated.
3. DETENTION AND WATER QUALITY REQUIREMENTS (standard comment):
If there is an increase in impervious area greater than 1,000 square feet at any
individual location, onsite detention and water quality/ LID are required for runoff from new
impervious surfaces. These new flows will need to be detained to the 2-year historic discharge
rate. If this is anticipated, please contact Water Utilities Engineering at
WaterUtilitiesEng@FCgov.com to discuss the project specific stormwater requirements.
Response: Noted. No impervious cover greater than 1,000 SF is anticipated.
4. EROSION CONTROL REQUIREMENTS (standard comment):
The erosion control report requirements are in Chapter 2, Section 6 of the Fort
Collins Stormwater Criteria Manual (December 2018, www.fcgov.com/erosion). If you need
clarification concerning this section, please contact the Erosion Control Inspector, Jesse Schlam
at 970-224-6015 or jschlam@fcgov.com.
Response: Noted. Erosion Control requirements are included in Technical Memorandum #3.
5. CONFLICTS WITH STORMWATER MASTER PLANNED IMPROVEMENTS (site
specific comment): There are multiple locations where the proposed pipe alignment may conflict
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with City master planned storm drainage improvements. Specifically, the location of the pipeline
is in direct conflict with the location of the master-planned outfall channel for the Upper Cooper
Slough Basin (see attached map from the 2021 Selected Plan). A more appropriate location for
the pipeline would be to the south of the Cache Inlet Ditch or co-locate with the Cache Inlet
Ditch through this area. We will need you to coordinate your pipeline project with the City’s
current and future drainage projects. Please contact Dan Evans in Stormwater Master Planning
to discuss further (daevans@fcgov.com).
Response: Noted. We have been coordinating with the developer of this site to locate the
pipeline adjacent to the Cooper Slough project and have sent plans to Mr. Evans.
6. EXISTING STORMWATER INFRASTRUCTURE (site specific comment):
All crossings and alignments will need to meet the City’s minimum separation
requirements for all City owned drainage infrastructure. This can be found on our website here:
https://www.fcgov.com/utilities/business/builders-and-developers/development-forms-guidelin
es-regulations/. Please contact us at WaterUtilitiesEng@fcgov.com to start the process for a
data sharing agreement to obtain our water utilities data in the area of your project.
Response: Noted. Our engineers and surveyors have been working to get this information and
include on the plans.
Department: Erosion Control
Contact: Chandler Arellano, (970) 420-6963, carellano@fcgov.com
1. The site disturbs more than 10,000 square feet and/or meets the criteria for a
need for Erosion and Sediment Control Materials to be submitted. The erosion control
requirements are located in the Stormwater Design Criteria in Chapter 2 Section 6.0 a copy of
the requirements can be found at www.fcgov.com/erosion. These Erosion Control Materials
should be submitted at about 80% final construction plans and should allow about a month lead
time to submit the materials get an adequate review of the materials, of note these reviews can
take one or two iterations to ensure that the Erosion Control Materials on this project meet the
City Criteria. To prevent delays please plan accordingly as projects are not allowed to go to
construction until erosion control materials meet the City Criteria.
Response: Noted. Erosion Control requirements are included in Technical Memorandum #3.
2. Please submit an Erosion Control Plans to meet City Criteria.
Response: Noted. Erosion Control requirements are included in Technical Memorandum #3.
3. Please submit an Erosion Control Report to meet City Criteria.
Response: Noted. Erosion Control requirements are included in Technical Memorandum #3.
4. Based upon the area of disturbance, State permits for stormwater will be
required since the site is over an acre and should be pulled before Construction Activities begin.
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Response: Noted.
5. City Manager’s development review fee schedule under City Code 7.5-2 was
updated to include fees for Erosion Control and Stormwater Inspections. As of January 1, 2021,
fees will be collected on projects for these inspections. The Erosion Control fees are based off;
the number of lots, the total site disturbance, the estimated number of years the project will be
active and the Stormwater Inspection Fees are based off the number of LID/WQ Features that
are designed for on this project. Based upon the materials submitted we are assuming 0 lots, 6.2
acres of disturbance within city limits, 1 year from demo through build out of construction and
an additional 3 years till full vegetative stabilization due to seeding. Which roughly estimates an
Erosion Control Fee of $1,274.71. Please respond to this comment with any changes to these
assumed estimates and why, so that we may have a final fee estimate ready for this project. The
fee will need to be provided at the time of erosion control escrow. We could not make any
assumptions at this time for the number of LID and WQ features, each porous pavers will be
$365.00, each bioretention $315.00, each extended detention basins $250.00, and each
underground treatment will be $415.00. Stormwater LID/WQ Inspections to be $TBD.
Response: Noted. No comments on the $1,274.71 fee.
6. Portions of this project are outside of the City’s MS4 boundaries. Please ensure
that Larimer County, Timnath, and CDPHE's erosion control requirements are being followed so
that the appropriate permits for stormwater will be pulled before Construction Activities begin.
Response: Noted.
Department: Water-Wastewater Engineering
Contact: Matt Simpson, (970)416-2754, masimpson@fcgov.com
1. EXISTING WATER AND SEWER INFRASTRUCTURE (site specific comment):
There will be multiple locations where the proposed pipeline will cross existing
City water and sewer utilities. These will need to be located and shown on your design plans.
All crossings and alignments will need to meet the City’s minimum separation requirements in
our Water and Wastewater Criteria Manual. This can be found on our website here:
https://www.fcgov.com/utilities/business/builders-and-developers/development-forms-guidelin
es-regulations/
If there will be overlapping of utility and pipeline easements, please contact us to discuss
further. Please contact us at WaterUtilitiesEng@fcgov.com to start the process for a data sharing
agreement to obtain our water utilities data in the area of your project.
Response: Noted. Our engineers and surveyors have been working to get this information and
include on the plans.
2. OTHER SERVICE DISTRICT (site specific comment):
This project will also intersect the East Larimer County (ELCO) Water District
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and the Boxelder Sanitation District service areas. Your project will be crossing their facilities
also. Please contact them at 970-493-2044 (ELCO) and 970-498-0604 (Boxelder) for
requirements.
Response: Noted. We have been in contact with both ELCO and Boxelder.
Department: Electric Engineering
Contact: Luke Unruh, 970-416-2724, lunruh@fcgov.com
1. Please ensure separation requirements are properly maintained from L&P
facilities during the installation of the new pipeline.
Response: Noted.
Department: Fire Authority
Contact: Marcus Glasgow, 970-416-2338, mglasgow@fcgov.com
1. FIRE ACCESS
Fire access is required to within 150 feet of all exterior portions of any building,
or facility ground floor as measured by an approved route around the perimeter. For the
purposes of this section, fire access cannot be measured from an arterial road. Any private alley,
private road, or private drive serving as a fire lane shall be dedicated as an Emergency Access
Easement (EAE) and be designed to standard fire lane specifications. In addition, aerial
apparatus access requirements are triggered for buildings in excess of 30 feet in height. Code
language and fire lane specifications provided below. Fire and emergency access will also be
required and maintained throughout the construction site of the pipeline.
Response: Noted.
2. FIRE LANE SPECIFICATIONS
A fire lane plan shall be submitted for approval prior to installation. In addition
to the design criteria already contained in relevant standards and policies, any new fire lane
must meet the following general requirements:
-Fire lanes established on private property shall be dedicated by plat or
separate document as an Emergency Access Easement.
-Maintain the required 20 foot minimum unobstructed width & 14 foot
minimum overhead clearance. Where road widths exceed 20 feet in width, the full width shall be
dedicated unless otherwise approved by the AHJ.
-Additional fire lane requirements are triggered for buildings greater than 30
feet in height. Refer to Appendix D105 of the International Fire Code.
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-Be designed as a flat, hard, all-weather driving surface capable of supporting
40 tons.
-Dead-end fire access roads in excess of 150 feet in length shall be provided
with an approved turnaround area for fire apparatus.
-Dead-end roads shall not exceed 660 feet in length without providing for a
second point of access. Dead-end access roads in excess of 1,320 feet in length require a third
point of access. Dead-end access roads in excess of 2,640 feet in length require a fourth point
of access.
-The required turning radii of a fire apparatus access road shall be a minimum
of 25 feet inside and 50 feet outside. Turning radii shall be detailed on submitted plans.
-Dedicated fire lanes are required to connect to the Public Way unless
otherwise approved by the AHJ.
-Fire lane to be identified by red curb and/or signage, and maintained
unobstructed at all times.
-Fire lane sign locations or red curbing should be labeled and detailed on final
plans. Refer to LCUASS detail #1418 & #1419 for sign type, placement, and spacing. Appropriate
directional arrows required on all signs.
- In remote rural applications, fire lane standards may be modified with the
approval of the fire marshal; examples might include reduction in road width or road surface.
International Fire Code 503.2.3, 503.2.4, 503.2.5, 503.3, 503.4 and Appendix D
Response: Noted.
3. WATER SUPPLY
Hydrant spacing and flow must meet minimum requirements based on type of
occupancy. A fire hydrant capable of providing 1500 (1000) gpm at 20 psi residual pressure is
required within 300 feet of any commercial building as measured along an approved path of
vehicle travel. For the purposes of this code, hydrants on the opposite side of arterial roadways
are not considered accessible to the site.
Response: Noted.
4. PREMISE IDENTIFICATION: ADDRESS POSTING & WAYFINDING
Where possible, the naming of private drives is usually recommended to aid in
wayfinding. Addresses shall be posted on each structure and where otherwise needed to aid in
wayfinding. Code language provided below.
- IFC 505.1: New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly legible,
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visible from the street or road fronting the property, and posted with a minimum of eight-inch
numerals on a contrasting background. Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or means shall
be used to identify the structure and best route.
Response: Noted.
Department: Environmental Planning
Contact: Kelly Smith, ksmith@fcgov.com
1. The following comments are standard comments for development projects in
City limits: An ECOLOGICAL CHARACTERIZATION STUDY (ECS) is required by Section 3.4.1 (D)(1)
as the site is within 500 feet of known natural habitats and features (Wetlands, Wet Meadow,
Dry Creek, Poudre River, Larimer County Canal, Boxelder Creek). Please note that the project will
need to be designed and developed in a way that is sensitive to these natural features as
defined by City Land Use Code (LUC). The ECS is the guiding document in staff’s
decision-making process related to mitigation and protection requirements. Because the
information provided through this application is conceptual in scope the value of resources has
not been evaluated to allow City staff to determine adequate mitigation measures, City staff
recommends completing an ECS for areas within the GMA as well, using the criteria outlined in
Section 3.4.1 (D)(1) of the Land Use Code. The ECS should include a delineation of all wetlands
and detailed recommendations for protecting and enhancing the features that are on or
adjacent to the site. It should also address the need for jurisdictional determination letters
and/or permits from the Army Corps of Engineers (ACOE). In addition, include information on
presence or absence of prairie dog colonies or burrows on or near the site, including estimated
size of acreage covered by the prairie dogs. Please contact me if you would like to discuss the
scope and requirements of the ECS further. The ECS informs the design of the Natural Habitat
Buffer Zone (NHBZ) and natural resource protection and mitigation plans. See LUC
3.4.1(D)(1)(a-l) for detailed list of information required for the Ecological Characterization Study
(ECS).
Response: An Ecological Characterization Study has been developed, as requested, and is
included as part of the SPAR submittal.
2. The City’s adopted Natural Habitat and Features standards in Land Use Code
Section 3.4.1 (D)(2) protect wetlands irrespective of their jurisdictional determination. Therefore,
any non-jurisdictional wetlands that are impacted and unaccounted for require mapping and
mitigation. Detailed recommendations for protecting, mitigating and enhancing all
wetlands are required within the ECS. Based on impacts, City staff may require a Wetland
Restoration Plan, Weed Management Plan and Monitoring Plan (3+ years) to ensure mitigation
success.
Response: Information on the boundary, ecological functions, and characteristics of wetlands
and associated restoration measures are included in the SPAR Ecological Characterization Study.
3. The LUC clearly states the desired approach toward protecting natural
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resources in the following order: 1. Directing development away from sensitive resources; 2.
Minimizing impacts and disturbance through the use of buffer zones; 3. Enhancing existing
conditions; and 4. Restoring or replacing the resource value lost to the community. To minimize
impacts, even those that are deemed temporary, staff applies buffer standards to all resources.
Buffer zone standards range from 50 to 300 feet for these features, as identified in Section
3.4.1(E) of the LUC. The ECS is due minimum 10 days prior to the SPAR submittal. Development
is limited within buffer zones to minimize disturbance in sensitive areas to protect the ecological
character and function of the resource.
Response: Buffer zone performance standards and mitigation measures are discussed in the
SPAR Ecological Characterization Study.
4. Given the noise and impacts from construction activities and the continual
access needs for ongoing operations and maintenance along the pipeline corridor, City staff
recommends adhering to the following requirements.
BUFFERS
POUDRE RIVER CORRIDOR: 300 feet Buffer (measured from top of bank or
edge of riparian forest/vegetation whatever is more stringent). The Poudre River is designated
as a National Heritage Area and is considered the City’s highest valued regional and urban
wildlife corridor. The value of riparian forest and bird habitat impacted along the river would
take decades to re-establish and may result in nest failure, as stated in the Wildlife Conservation
Plan. City staff is concerned about the close proximity of the pipeline to the river from north of
Kingfisher Point Natural Area to the crossing of Timberline Road. The proximity results in
impacts to soils, native vegetation, wetlands, and restoration projects previously performed by
the City’s Natural Areas Department. The grasslands at the Kingfisher Point Natural Area is
particularly hard to restore given the beet lime waste material underneath. Therefore,
restoration progress is slower than usual. Starting restoration all over again for a strip in the
middle of a field is not preferred. Additionally, nearby cliffs have long supported various cliff
nesting birds such as bank swallows and (today) a nesting kingfisher. City staff recommends the
pipeline be moved further from the Poudre River to reduce impacts.
Response: The pipeline has been moved as much as feasible away from the Poudre River
Corridor to reduce impacts.
BOXELDER CREEK: 100’ Buffer (measured from top of bank or edge of
wetlands, whichever greater). Boxelder Creek is considered a regional wildlife corridor and the
crossing of Boxelder Creek immediately west of I-25 is concerning. Staff recommends boring the
pipe under the creek and digging bore pits 100 feet from top of bank or edge of wetlands
(whichever is greater) to minimize impacts to the creek, habitat and associated wetlands.
Response: The pipeline has been moved to cross Boxelder Creek at an area with a smaller width
of wetlands to minimize impacts. Wetlands will be reclaimed and revegetated following
construction. Please see Appendix E for more information on the rationale behind trenchless vs.
open cut crossings.
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IRRIGATION CANALS: 50 feet Buffer (from top of bank or edge of wetlands,
whichever greater). The City of Fort Collins views irrigation canals as wildlife movement
corridors. The City recommends the value of ditches be evaluated in the ECS from a wildlife
corridor, vegetative quality and habitat perspective and provide mitigation for impacts. The City
also recommends bore pits occur 50 feet from the ditch’s top of bank or edge of wetlands at
ditch crossings, whichever is greater, to minimize impacts.
Response: Northern Water has extensive experience coordinating with ditch and irrigation
companies to cross open cut during off season times to minimize impacts. The ditch and
irrigation canals will be reclaimed following construction. Please see Appendix E for more
information on the rationale behind trenchless vs. open cut crossings.
LAKES: 100 foot Buffer. The City is concerned about the close proximity of the
pipeline to the ponds at the Riverbend Ponds Natural Area. The City recommends the width of
temporary construction easement be reduced in this area to minimize impacts to the pond
embankments, wetlands and wildlife using the ponds.
Response: Northern Water will reduce the width of the temporary construction easement
through these sections as shown on the proposed plans. Additionally, Northern Water has
coordinated with the two utility holders in the area to propose an overlapping easement to
minimize work outside of the existing utility corridor.
DRY CREEK: 100 foot Buffer. The City views Dry Creek as a wildlife movement
corridor. The City recommends bore pits to occur 100 feet from the Creek’s top of bank or
edge of wetlands, whichever is greater, to minimize impacts.
Response: The pipeline has been moved to cross Dry Creek at an area with a smaller width of
wetlands to minimize impacts. Wetlands will be reclaimed and revegetated following
construction. Please see Appendix E for more information on the rationale behind trenchless vs.
open cut crossings.
RIPARIAN FOREST: 50 foot Buffer. Riparian forest along the Poudre River and
Boxelder Creek will be impacted by the proposed project. The City recommends avoiding these
sensitive areas by providing a 50 foot buffer from the edge of forest canopy.
Response: Northern Water will reduce the width of the temporary construction easement
through these sections to minimize impacts on the forest canopy as shown on the proposed
plans.
WETLANDS BUFFER: As noted above the City protects all wetlands irrespective
of jurisdictional status. For all wetlands, the City requires the following buffers for wetlands and
recommends Northern Water to adhere to these standards.:
Wetlands >1/3 acre in size: 100 feet
Wetlands <1/3 acre in size: 50 feet
Response: Noted. NISP will minimize wetland impacts and decrease our working space to 60-ft
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instead of the typical 100-ft wide corridor. All wetlands will be reclaimed and monitored until
revegetation is completed to US Army Corps of Engineers standards.
5. The City requires that construction activity be organized and timed to minimize
the disturbance of Sensitive or Specially Valued Species occupying or using on-site and
adjacent natural habitats or features. City staff is concerned about construction noise near
wetlands at Riverbend Ponds, along the Poudre River and irrigation ditch corridors. The activity
could have negative impacts on wildlife such as nest failure for breeding birds, or the inability of
prey to detect predators.
RAPTORS AND SONG BIRDS: The City requires that trees that are known to
have served as raptor nest sites not be removed within five (5) years of the last known nesting
period. If the tree is removed, it shall be mitigated in accordance with Section 3.2.1, Landscaping
and Tree Protection Standards. The City requires raptor nests be inventoried within a 500’ buffer
on either side the Right of Way and indicated by species (when possible).
FOX, COYOTE AND BADGER DENS: 50 foot Buffer. The City requires surveys
be performed to determine the location of fox, coyote, and badger dens throughout the limits
of development and adhere to the 50 foot buffer requirement.
PRAIRIE DOGS: If more than 1 acre of prairie dog colonies are eradicated,
Northern Water would be required to mitigate for the resource value lost either through a
payment-in-lieu or trap and donate. Methods for removing prairie dogs must be reviewed and
approved by the Colorado Parks and Wildlife. Following relocation or eradication activities for
prairie dogs, the City requires that a report be provided that documents when prairie dog
removal occurred, the method(s) that were used to remove prairie dogs, measures taken to
ensure that prairie dogs will not re-inhabit the site, and confirmation that no threatened or
endangered species were harmed by removal activities.
Response: Information on the avoidance, minimization, and mitigation of impacts to wildlife is
presented in the SPAR Ecological Characterization Study.
6. Within a designated Natural Habitat Buffer Zone, the City has the ability to
determine if existing landscaping within the zone is incompatible with the purposes and intent
of the buffer zone [Section 3.4.1(E)(1)(g)]. Ensure the ECS discusses existing vegetation onsite
and identifies potential restoration options. If existing vegetation is determined to be
insufficient, then restoration and mitigation measures will be required. Native plants and
wildlife-friendly(ex: pollinators, butterflies, songbirds) landscaping and maintenance are needed
in NHBZ areas. Please refer to the Fort Collins Native Plants document available online and
published by the City of Fort Collins Natural Areas Department for guidance on native plants is:
http://www.fcgov.com/naturalareas/pdf/nativeplants2013.pdf.
Response: Information on the pattern, species, and location of native and non-native vegetation
is included in the SPAR Ecological Characterization Study.
7. Projects in the vicinity of large natural habitats and/or natural habitat corridors
such as the Poudre River Corridor shall be designed to complement the visual context of the
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natural habitat. Techniques such as native landscaping, site design and choice of colors shall be
utilized in such manner that scenic views across or through the site are protected, and manmade
facilities are screened from off-site observers and blend with the natural visual character of the
area. These requirements shall apply to all elements of a project, including any aboveground
utility installations.
Response: Prominent views from or across the project site are discussed in the SPAR Ecological
Characterization Study.
8. This project most likely impacts jurisdictional wetlands as determined by the
United States Army Corps of Engineers (ACOE). Several permits will be needed including
possibly Nationwide Permit 43, 14 and 404. Note that if this project moves forward in the City
development review process then documentation (copies) of ACOE jurisdictional determination
letters and appropriate permits need to be submitted prior to issuance of Development
Construction Permit (DCP).
Response: A copy of the project’s Clean Water Act Section 404 permit can be provided once
issued.
9. With respect to lighting, the City of Fort Collins Land Use Code, Section
3.2.4(D)(6), requires that "natural areas and natural features shall be protected from light spillage
from off site sources." Thus night lighting during and after construction (if any) from the project
shall not spill over to natural habitats and features or established natural habitat buffer zones.
Response: The project will not have night lighting after construction or for typical construction
activities. Night lighting would only be included in special circumstances or in the case of an
emergency.
10. With respect to noise, the City of Fort Collins Land Use Code, Section
3.4.1(E)(1)(a), requires that "the project shall be designed to preserve or enhance the ecological
character or function and wildlife use of the natural habitat or feature and to minimize or
adequately mitigate the foreseeable impacts of development” and this includes impacts from
noise during and after construction.
Response: During construction, noise control regulations will be followed, and after
construction, the project components within Fort Collins will not make noise.
11. The City of Fort Collins Land Use Code, Section 3.4.4 requires that “proposed
land uses and activities shall be conducted so that any noise generated on the property will not
violate the noise regulations contained in the City’s Noise Control Ordinance (Chapter 20, Article
II of the City Code), and so that any vibration caused by the use of the property will be
imperceptible without instruments at any point along the property line.”
Response: During construction, noise control regulations will be followed, and after
construction, the project components within Fort Collins will not make noise.
12. Please provide a detailed plant list for restoration efforts post construction.
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Response: This information is provided in the Landscape plan.
13. City staff would like the width for temporary construction Right of Way be
minimized, particularly around sensitive natural and recreational resources (wetlands, mature
trees, trails, etc.), and to bore under any aquatic resource, including irrigation canals.
Response: Noted. NISP will minimize impacts and decrease our working space to 60-feet instead
of the typical 100-foot wide corridor in wetland and sensitive areas. When less space is available,
a longer construction timeline can be expected. Regarding boring under aquatic resources,
please see Appendix E.
14. NATURAL AREAS DEPARTMENT COMMENTS
City of Fort Collins Natural Areas are conserved due to citizen ballot measures
that specify these lands are to be protected and enhanced for native plant and wildlife
communities. Therefore, siting of facilities needs to consider how these resources will be
protected and enhanced within City Natural Areas.
Response: Noted.
15. HOMESTEAD NATURAL AREA:
1. The diversion point and pipeline installation is located within a recently
restored and highly active riparian wetlands. Significant efforts went into ensuring the success
of this restoration which has now been establishing for the past seven years. The location is also
flooded at relatively low flows so the immediate success of future restoration is uncertain due to
annual scouring flows. The proposed mitigation for these temporary impacts is to return the
habitat to its current condition, but this does not offset the temporal loss. For this reason, the
City recommends Northern Water collaborate with the City’s Natural Areas Department to
determine the best location for the diversion.
Response: Collaboration would be helpful within the envelope of the associated water rights’
decreed point of diversion. Feedback received to date has been incorporated into the design of
the diversion structure.
2. The City understands that Northern Water has identified a preferred
diversion point, but that there may be some flexibility in the precise location. There may be pros
and cons to subtle adjustments of the take-off point. Moving the location of the new diversion
somewhat upstream may result in multiple benefits including; avoiding damage to the recently
restored active riparian zone, minimizing construction footprint in sensitive areas, taking
advantage of existing slower backwater conditions upstream, and minimizing erosion from
spring flows on vulnerable post-construction that occurs frequently in low lying zone.
Response: Collaboration would be helpful within the envelope of the associated water rights’
decreed point of diversion. Feedback received to date has been incorporated into the design of
the diversion structure.
3. The City owns the land (in-channel and in the riparian zone) at the location
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of the proposed diversion structure near Mulberry Avenue. To avoid further fragmentation of
aquatic habitat and sediment and to ensure fish passage, the City recommends using a
low-profile design approach such as a riffle-crest structure. The tie in to either bank must be
resilient to souring flows but as natural functioning and looking as possible to avoid
disconnecting the channel from the riparian zone.
Response: Please see the diversion structure alternatives analysis, which incorporates staff’s
recommendation of using a low-profile riffle-crest structure.
4. According to the Colorado Mitigation Procedures (USACE, 2019) the
impacts of a new diversion to stream functions must be fully mitigated. Without baseline
hydrogeomorphic and biological data analyses of this complex river reach it is impossible to
ensure mitigation of impacts to stream functions. It also impossible to ensure the longevity of
the new diversion structure or that it will results in a resilient reach of river. The City
recommends spatial footprint for the design process and hydrogeomorphic analysis is larger
than just the immediate footprint of the structure (i.e. it extends further upstream and
downstream). Also, because the river is a split channel at this location, proper evaluation of
river dynamics at the reach scale will be essential for guaranteeing the protecting of local
infrastructure during large flood events (the Mulberry Treatment plant and the Mulberry Avenue
Bridge).
Response: USACE mitigation procedures and National Environmental Policy Act analyses are
being developed and will be implemented as part of NISP’s Clean Water Act Section 404 Permit.
Floodplain evaluations and permits will also be completed and acquired.
5. Because this area sees frequent visitor use, City staff recommends the
design elements strongly consider public safety and potential vandalism.
Response: Noted.
16. KINGFISHER POINT NATURAL AREA:
1. The City recommends the footprint of the infrastructure on the Kingfisher
Point Natural Area (pumphouse and settling pond) be minimized to the greatest degree
possible.
2. Through the Kingfisher Point Natural Area, the pipeline is proposed to run
near to the river and justification for this is not provided. By laying pipeline in the middle of the
natural area/floodplain and close to the river, it will limit future opportunities for excavating
floodplain material to increase the conveyance capacity (for example with the creation of
overflow side channels). Also, at this location the riverbank forms a cliff and hosts several cavity
nesting birds, including Northern rough-winged swallow, bank swallows, and kingfishers.
Nesting success is uncertain with this work nearby. The City recommends the pipeline be routed
as far north as possible (away from the river) from the pumphouse to the Fort Collins Nursery.
3. The City will not consider the sale or conveyance of any real property rights
on any City property for the NISP project until Northern Water has a final and non-appealable
Clean Water Act Section 404 permit.
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4. The City may wish to have input on specific aspects of aesthetics and
screening of the proposed infrastructure to best fit the landscape and character of the Kingfisher
Point Natural Area.
5. As previously noted, the City’s Natural Areas Department easement policy
does not consider cost as a factor in the analysis of proposed routes.
Response: These comments (1 through 5) regarding Kingfisher Point Natural Area are noted by
the NISP Team, but not applicable to SPAR since they are outside of the City Limits.
17. RIVERBEND PONDS NATURAL AREA:
1. Along the eastern end of the pipeline route through Riverbends ponds the
pipeline is located along a narrow zone available immediately adjacent to a high value wetlands
complex. In addition to hosting higher diversity of birds, this area is also home to three rare
plants: Carex lasiocarpa, Glaux maritima, Eustoma grandiflora. The City recommends the
temporary construction easement for this section of pipeline use as narrow a width as possible
to completely avoid impacting the adjacent wetlands.
Response: Northern Water will reduce the width of the temporary construction easement
through these sections as shown on the proposed plans. Additionally, Northern Water has
coordinated with the two utility holders in the area to propose an overlapping easement to
minimize work outside of the existing utility corridor.
18. EASEMENTS FROM NATURAL AREAS
1. In addition to the City comments presented in this 1041 review, the Natural
Areas and Conserved Lands Easement Policy (adopted 2012, updated 2018) requirements will
apply during the easement application process and can be found in the Easement Request
Packet at https://www.fcgov.com/naturalareas/easement.php
Response: Noted
2. Please identify the permanent easement width, as well as the frequency
and type of operations and maintenance activities along the permanent easement.
Response: Noted. This can be identified during the easement acquisition process.
3. Permanent and temporary easement width justification will be required by
the Natural Areas Department easement policy.
Response: Noted. This can be identified during the easement acquisition process.
19. VISITOR USE IMPACTS:
Consistent with the Natural Areas Easement Policy, the City will require a
minimization/mitigation plan for the visitor use impacts anticipated during construction. The
four areas of particular concern are:
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1. Homestead Natural Area, Williams Natural Area, and the Poudre Trail in the
vicinity of Mulberry Bridge.
2. The Timberline parking lot at Riverbend Ponds Natural Area.
3. Trail closures and detours on Riverbend Ponds Natural Area. Based on the
City’s Natural Areas Easement Policy, the following will be required:
• Trail and public access closure plan.
• Parking alternative plan for Riverbend Ponds Natural Area parking lot. The
plan should include only partial lot closures and offsite parking.
• Trail closure plan for Riverbend Ponds Natural Area and advanced public
notice for closures will be required by the Natural Areas easement policy
Response: Noted. This can be identified during the easement acquisition process.
Department: Parks
Contact: Aaron Wagner, aawagner@fcgov.com
1. Thank you for the opportunity to review these plans and provide input. Parks
Department Planning staff can help with any questions you may have regarding these
comments. Please contact Jill Wuertz (jwuertz@fcgov.com), 970-416-2062, or Parks Planning
Technician, Aaron Wagner (aawagner@fcgov.com) 970-682-0344, 413 S. Bryan Ave, Fort Collins,
CO 80521 regarding the Parks’ Department’s interest.
Response: Noted.
2. It appears that the project will require impacting or boring under a very busy
section of the Poudre Trail. The Parks Dept. is not going to allow encroachment into our trail
easement for construction activity and/or staging or storage of materials. Please show and label
the trail easement(s) on all plans and add the following note to plan notes: “There shall be no
encroachment of the Poudre Trail easement or trail itself. This includes any related construction
activity, staging equipment, or storage of materials.”
Response: Noted.
3. Parks strongly recommends against closing this section of trail for any reason
due to the amount of commuter traffic this section of trail serves. There are no favorable detour
routes and detouring the amount of traffic up along Mulberry Road would be extremely
hazardous. If there is a need to close a section of the Poudre Trail though, a traffic control plan
is required to be submitted and approved through Traffic Control. Parks maintains this section
of the trail will sign off on it once submitted. Please keep the closures to the shortest amount of
time possible and schedule closures around ‘rush hours’ depending on work scheduling and
flow.
Response: Noted.
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4. Please show and label the impact areas at all areas where the NISP route will
conflict with the Poudre Trail:
a. Poudre Trail access and crossing at Mulberry Bridge
b. Poudre Trail access at Timberline Rd.
c. Future Regional Trail Connections in the vicinity of I-25, as contained in the
2013 Paved Multi-Use Recreational Trail Master Plan, are planned east and west of I-25 between
Prospect Road and Mulberry Road. Multiple trail crossings of the proposed pipeline alignment
could be required, and will be requested based on the trail final designs.
Response: Noted.
i. Timing of the NISP construction may or may not affect this trail or the
potential future development at Prospect Gateway. Further coordination may be required. The
City of Fort Collins 2013 Paved Recreational Trail Master Plan, including any future updates to
this Plan, indicates the general location of future paved trails. Trail crossings of the pipeline may
be required to construct the buildout of the trail system. Paved trails will be allowed to cross the
pipeline easement as long as construction or maintenance of the trail does not impact the
operation or construction of the pipeline.
Response: Noted. Northern Water has been working closely with this developer and
understands the trail and pipeline easements may overlap in some locations.
5. For these sections of trails, the city recommends the following:
a. Contractor shall coordinate with the Parks and Natural Areas Departments
(NAD) to provide detour routes. This includes securing temporary easements and temporary
paving materials. Restoration plans for areas disturbed by construction may also be required.
b. Contractor shall provide active signage for detours and trail closures.
Signage shall include dates of closure and maps indicating detour route.
c. Contractor will coordinate with the Parks and NAD Departments for trail
detour routes, trail access, and signage to direct trail users.
d. The city may require a temporary paved trail if trail(s) are closed longer
than 2 weeks. Contractor shall coordinate with the Parks Department and other necessary
departments for temporary trail specifications and routes.
e. Contractor shall secure all necessary construction easements, temporary
crossings, or other temporary construction access easements prior to any work beginning on
city owned land.
Response: Noted.
6. Any impacts to trails shall be repaired immediately upon completion of the
section of pipe through the trail area. Please coordinate with the Parks Dept. and Natural Areas
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regarding trail closures and mitigation.
Response: Noted.
Department: Forestry
Contact: Molly Roche, 224-616-1992, mroche@fcgov.com
1. Since there are existing trees within the limits of development, City Forestry
strongly recommends preserving and protecting all existing trees on-site. Please consider
applying the standards listed in the City of Fort Collins Tree Protection Notes as guidelines for
tree preservation and protection before, during, and after development activities. City Forestry is
willing to join the applicant on a site walk and assist in determining mitigation values if
interested. City staff is particularly interested in reviewing locations of impacted City owned
trees on Parks and Natural Areas property.
If tree removal occurs, City Forestry recommends mitigating the loss of tree canopy by planting
new trees on-site at the following calipers:
Canopy Shade Trees: 2.0" caliper balled and burlap
Ornamental Trees: 2.0" caliper balled and burlap
Evergreen Trees: 8' height balled and burlap
Response: The site visit requested in this comment took place on April 9, 2021. Information on
existing trees and mitigation for impacts is provided in the SPAR Tree Inventory and Mitigation
Memorandum and landscape plan.
2. Trees provide many environmental and socioeconomic benefits including
reduced cooling expenses, providing natural wind breaks, improving air quality, and increasing
property values. It is strongly recommended that existing significant trees be preserved to the
extent reasonably feasible. Will there be construction within the critical root zone of any of the
existing trees on your property? The critical root zone is defined as 12 inches in radius per one
inch in diameter at 4.5 feet above the ground. If so, please consider how the construction will
impact the health of the nearby trees and consider alternate scenarios to preserve them.
Response: Please see the SPAR Tree Inventory and Mitigation Memorandum and landscape plan
for this requested information.
3. If applicable, please provide a landscape plan that meets the Land Use Code
3.2.1 requirements. This should include the existing tree inventory, any proposed tree
removals with their locations clearly noted and any proposed tree plantings (including species,
size, quantity, and method of transplant). The plans should also include the following City of
Fort Collins notes:
General Landscape Notes
Tree Protection Notes
Street Tree Permit Note, when applicable.
These notes are available from the City Planner or by following the link below
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and clicking on Standard Plan Set Notes:
https://www.fcgov.com/developmentreview/applications.php
Required tree sizes and method of transplant:
Canopy Shade Tree: 2.0” caliper balled and burlapped
Evergreen tree: 6.0’ height balled and burlapped
Ornamental tree: 1.5” caliper balled and burlapped
Required mitigation tree sizes:
Canopy Shade Tree: 2.0” caliper balled and burlapped
Evergreen tree: 8.0’ height balled and burlapped
Ornamental tree: 2.0” caliper balled and burlapped
Response: Please see the SPAR Tree Inventory and Mitigation Memorandum and landscape plan
for this requested information.
4. If applicable, please include locations of utilities on the landscape plan
including but not limited to water service/mains, sewer service/mains, gas, electric, streetlights,
and stop signs. Please adjust tree locations to provide for proper tree/utility separation.
10’ between trees and public water, sanitary, and storm sewer main lines
6’ between trees and water or sewer service lines
4’ between trees and gas lines
10’ between trees and electric vaults
40’ between canopy shade trees and streetlights
15’ between ornamental trees and streetlights
Response: Please see pipeline plan sheets and the SPAR Tree Inventory and Mitigation
Memorandum and landscape plan for this requested information.
5. If applicable, please provide an “Existing Tree Removal Feasibility Letter” for
City Forestry staff to review. Proposals to remove significant existing trees must provide a
justification letter with specific details of the reasons for removal. For example, tree X removed
due to grading; grading proposed to enhance storm water flow in this section of the
development. This is required for all development projects proposing significant tree removal
regardless of the scale of the project. The purpose of this letter is to provide a document of
record with the project’s approval and for the City to maintain a record of all proposed
significant tree removals and justifications. Existing significant trees within the project’s Limits of
Disturbance (LOD) and within natural area buffer zones shall be preserved to the extent
reasonably feasible. Streets, buildings, and lot layouts shall be designed to minimize the
disturbance to significant existing trees. (Extent reasonably feasible shall mean that, under the
circumstances, reasonable efforts have been undertaken to comply with the regulation, that the
costs of compliance clearly outweigh the potential benefits to the public or would unreasonably
burden the proposed project, and reasonable steps have been undertaken to minimize any
potential harm or adverse impacts resulting from noncompliance with the regulation.) Where it
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is not feasible to protect and retain significant existing tree(s) or to transplant them to another
on-site location, the applicant shall replace such tree(s) according to City mitigation
requirements.
Response: Please see the SPAR Tree Inventory and Mitigation Memorandum and landscape plan
for this requested information.
Department: Historic Preservation
Contact: Maren Bzdek, 970-221-6206, mbzdek@fcgov.com
1. Any development that will include federal involvement through permitting or
funding triggers compliance with Section 106 of the National Historic Preservation Act, through
a review coordinated by the State Historic Preservation Office (History Colorado). An area of
potential effect (APE) would define the geographic area or areas within which an undertaking
may create adverse effects on archeological and historic resources and require documentation
forms and potential mitigation of any determined adverse effects. While that requirement is
separate from local historic review and compliance, the City of Fort Collins would be a
consulting party for that review process. Please provide more information (correspondence with
History Colorado, the APE map, and copies of forms) to Jim Bertolini, Historic Preservation
Planner, jbertolini@fcgov.com, regarding compliance with this federal legislation to date.
Response: An evaluation of cultural, historical, and paleontological resources is required as part
of the Project’s Clean Water Act Section 404 permit and associated National Environmental
Policy Act (NEPA) requirements. Northern Water will enter into a Programmatic Agreement with
the U.S. Army Corps of Engineers, Colorado State Historic Preservation Office, and the Advisory
Council on Historic Preservation to set forth how cultural resources will be addressed. A Class III
level survey and evaluation will be conducted prior to any ground-disturbing activities on the
Project. This survey will include both the Poudre River Intake Diversion Structure and Pipeline
construction area. This survey will include an intensive inventory and systematic effort to identify
all resources within the area of concern and will record information sufficient to permit their
evaluation or to indicate what further work is necessary to accomplish their evaluation. After all
structures or sites are identified and documented and evaluation of all resources is complete,
any needed treatment plans will be developed as outlined in the Project’s Programmatic
Agreement. Additional information on and associated mapping for cultural resources can be
found in the Project’s Final Environmental Impact Statement.
Department: Technical Services
Contact: Jeff County, 970-221-6588, jcounty@fcgov.com
1. As of January 1, 2015, all development plans are required to be on the NAVD88
vertical datum. Please make your consultants aware of this, prior to any surveying and/or design
work. Please contact our office for up to date Benchmark Statement format and City
Vertical Control Network information.
Response: Noted.